DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 1.4.2017 passed by learned Sessions Judge, Sri Ganganagar (for short 'the court below' hereinafter) whereby the court below allowed the application under Section 408 Cr.P.C. filed on behalf of the respondent No.2 and transferred the Sessions Cases No.24/2008 (State Vs. Darshan Singh) and No.23/14 (State Vs. Surjeet Singh) to the Additional District and Sessions No.2, Sri Ganganagar which were pending before the Additional District and Sessions Judge No.2, Srikaranpur.

(2.) Learned counsel for the petitioner has argued that the court below has grossly erred in allowing the application preferred on behalf of the respondent No.2. It is submitted that the respondent No.2 moved an application levelling vague allegations against the Presiding Officer, without substantiating the said allegations. It is submitted that the court below though called for explanation from the Additional District and Sessions Judge, Srikaranpur, who had specifically denied the allegations levelled by respondent No.2 but without any cogent and satisfactory reasons the court below ordered for transfer of Sessions Case No.24/2008 and 23/2014 from Additional District and Sessions Judge, Shrikaranpur to Additional District and Sessions Judge No.2, Sri Ganganagar. It is, therefore, argued that the order passed by the court below is illegal and without jurisdiction and, therefore, the same be set aside. 4. In support of above contentions, learned counsel for the petitioner has placed reliance upon the decision of Hon'ble Supreme Court rendered in Usmangani Adambhai Vahora Vs. State of Gujarat and Another reported in (2016)3 SCC 3701. 5. Per contra, learned counsel for the respondent No.2 has opposed the prayer made in this criminal misc. petition and supported the order passed by learned court below. 6. Learned Public Prosecutor has neither opposed the prayer made by the petitioner in this criminal misc. petition nor supported the order passed by learned court below. 7. Having heard learned counsel for the petitioner and learned counsel for the respondent No.2 and having gone through the material available on record and taken into consideration the principle of law laid down by Hon'ble Supreme Court in the case of Usmangani Adambhai Vahora (supra), this Court is of the opinion that the court below has grossly erred in allowing the application filed on behalf of the respondent No.2 in transferring the trial of the Sessions Cases No.24/2008 (State Vs. Darshan Singh) and No.23/14 (State Vs. Surjeet Singh) from Additional District and Sessions Judge No.2, Srikaranpur to the Additional District and Sessions Judge No.2, Sri Ganganagar. The allegations levelled by the respondent No.2 in his application under Section 408 Cr.P.C. are vague and not substantiated by any evidence. If such applications for transferring cases from one court to another court are allowed on the basis of vague allegations, it would be very difficult for the courts to discharge their judicial functions. 8. In view of above discussions, this criminal misc. petition under Section 482 Cr.P.C. is allowed. The order dated 1.4.2017 passed by Sessions Judge, Sri Ganganagar is set aside. The learned Additional District and Sessions Judge No.2, Srikaranpur is directed to complete the trial of the Sessions Cases No.24/2008 (State Vs. Darshan Singh) and No.23/14 (State Vs. Surjeet Singh) within a period of three months from the date of receipt of certified copy of this order. 9. The stay petition also stands disposed of.